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   State Courts - Arkansas - January 21, 2004
  
Luster v. State, CACR96-609, COURT OF APPEALS OF ARKANSAS, January 21, 2004, Decided
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Moore v. State, CACR03-319, COURT OF APPEALS OF ARKANSAS, January 21, 2004, Decided
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Overview: Admission of the victim's insurance agent's testimony to prove value of the stolen car was error; however, it was merely cumulative, given the substantial evidence demonstrating that the car's value exceeded $ 2,500.

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Nelson v. State, CA CR 03-270, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 21, 2004, Opinion Delivered
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Overview: In defendant's trial for assault on his parents, court properly concluded their testimony contradicting their prior written report was not credible and evidence was sufficient to convict. Counsel's failure to object to report waived hearsay issue.

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Nichols v. State, CACR02-922, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, January 21, 2004, Decided
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Overview: Time between defendant's mistrial and his new trial, exceeded 12-month period, but, even though defendant did not approve of two continuances granted at counsel's request, the excludable periods placed defendant's trial well with the 12-month period.

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Owens v. State, CACR03-60, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 21, 2004, Decided
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Pack v. Ark. Dep't of Human Servs., CA03-528, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 21, 2004, Decided
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Overview: The circuit court properly terminated the rights of two imprisoned parents to their minor daughter. The terms of their sentences indicated that they would be imprisoned for a substantial period of their daughter's life.

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Shirley v. State, CA CR 03-610, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 21, 2004, Opinion Delivered
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Overview: The trial court did not have the authority to amend the initial judgment of five years' incarceration upon the probation revocation.

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Trigleth v. State, CACR 02-175, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 21, 2004, Decided
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Overview: In appeal from drug convictions, appeal was remanded for rebriefing; defendant's counsel's Anders brief failed to abstract and discuss all rulings adverse to defendant in the case.

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Wade v. State, CACR02-1178, COURT OF APPEALS OF ARKANSAS, January 21, 2004, Decided
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Whitlatch v. Southland Land & Dev., CA 03-736, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 21, 2004, Opinion Delivered
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Overview: In workers' compensation claimant's appeal of denial of permanent total disability, judgment was reversed; fair-minded persons with the same facts before them could not have found claimant anything less than permanently and totally disabled.

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